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When Bail is DENIED Capital Offenses Section 6. Capital offense defined.

A capital offense is an offense which, under the law existing at the time of its commission and of the application for admission to bail, may be punished with death. Take Note: The crime is punished by DEATH: At the time of its commission; AND At the time of the application for bail Section 7. Capital offense or an offense punishable by reclusion perpetua or life imprisonment, not bailable. No person charged with a capital offense, or an offense punishable by reclusion perpetua or life imprisonment, shall be admitted to bail when evidence of guilt is strong, regardless of the state of the criminal prosecution. Accused is charged with a crime which is punishable by: (DRL) Death Reclusion Perpetua Life Imprisonment

NO BAIL! Provided that: Evidence of guilt is STRONG. regardless of the state of the criminal prosecution means NO BAIL, before conviction. Moreover, after conviction. Section 8. Burden of proof in bail application. At the hearing of an application for bail filed by a person who is in custody for the commission of an offense punishable by death, reclusion perpetua, or life imprisonment, the prosecution has the burden of showing that evidence of guilt is strong. The evidence presented during the bail hearing shall be considered automatically reproduced at the trial, but upon motion of either party, the court may recall any witness for additional examination unless the latter is dead, outside the Philippines, or otherwise unable to testify. 1st sentence of Sec.8 Once an arrested person, charge with the commission of an offense punishable by death, life imprisonment, reclusion perpetua, files an application for bail, it is MANDATORY for the court to conduct a hearing so the prosecution can present evidence to prove that the guilt is strong. MANDATORY in a sense that even if prosecutor has no objection on the application of bail, meaning the prosecutor admits that the guilt is not strong or does not want to present evidence, the court must require a hearing.

Only STRONG guilt and not guilt beyond reasonable doubt, the latter is for conviction. The former is only for the approval of the bail. 2st sentence of Sec.8 In the bail hearing, they present some evidence but not all. After that, the court will now consider whether the evidence of guilt is strong or not. The evidence received during the bail hearing is AUTOMATICALLY reproduced at the trial proper. No need to present it again. But it is allowed to present more evidence and witnesses during the trial.

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